establishment of the previous situation. If this is not feasible, as in most cases of human
rights violations, the Court will determine measures to guarantee the rights that have been
violated and to repair the consequences of the violations.432 Consequently, the Court has
considered the need to award different measures of reparation in order to repair the harm
integrally; thus, in addition to pecuniary compensation, measures of restitution and
satisfaction and guarantees of non-repetition have special relevance to the harm caused. 433
272. This Court has established that the reparations must have a causal relationship to
the facts of the case, the violations declared, the damage proved and the measures
requested to repair the respective damage. Hence the Court must observe this concurrence
to rule appropriately and in accordance with the law.434
273. Based on the violations of the American Convention declared in the preceding
chapters, the Court will proceed to analyze the claims submitted by the Commission and the
representatives, together with the arguments of the State, in light of the criteria established
in the Court’s case law concerning the nature and scope of the obligation to make
reparation,435 in order to establish measures to repair the harm caused to the victims.
A) Injured party
274.
The Court considers that considers the injured party, under the terms of Article
63(1) of the Convention, as the person who has been declared a victim of the violation of
any rights recognized therein.436 Consequently, this Court considers that Sebastián Claus
Furlan, his parents Danilo Furlan and Susana Fernández, and also his siblings Claudio Edwin
Furlan and Sabina Eva Furlan, are the injured parties and, as victims of the violations
declared in Chapter VII, they will be considered as beneficiaries of the reparations ordered
by the Court.
275.
The representatives requested that the individuals who were not named as
presumed victims by the Inter-American Commission in the Merits Report be included as
beneficiaries of the reparations. They also argued that Sebastián Furlan’s two sons (Diego
Germán and Adrián Nicolás Furlan Sarto), who are currently aged 4 and 3 years, should be
considered presumed victims. They stated that, regardless of the fact that these children
“were not named as presumed victims” in the Commission’s Merits Report, the relevant
point is that “not only have they been indicated as such in different communications sent by
Danilo Furlan to the Commission, but also that, in the said report, the Commission
emphasized the fact that Sebastián has two sons, the younger of whom also has
developmental problems.” They indicated that their “appropriate and timely identification by
both Danilo Furlan and the Commission also means that the State is aware of this.”
Furthermore, they argued that the Court has precedents in this regard, “taking into account
432
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and Costs. Judgment of July 21, 1989. Series C
No. 7, para. 26, and Case of the Kichwa Indigenous People of Sarayaku v. Ecuador, para. 280.
433
Cf. Case of Cantoral Benavides v. Peru. Reparations and Costs. Judgment of December 3, 2001. Series C
No. 88, paras. 79 to 81, and Case of the Kichwa Indigenous People of Sarayaku v. Ecuador, para. 280.
434
Cf. Case of Ticona Estrada v. Bolivia. Merits, Reparations and Costs. Judgment of November 27, 2008.
Series C No. 191, para. 110, and Case of the Kichwa Indigenous People of Sarayaku v. Ecuador, para. 281.
435
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and Costs. Judgment of July 21, 1989. Series C
No. 7. Para. 25 to 27, and Case of the Kichwa Indigenous People of Sarayaku v. Ecuador, para. 283.
436
Cf. Case of Bayarri v. Argentina. Preliminary Objection, Merits, Reparations and Costs. Judgment of
October 30, 2008. Series C No. 187, para. 126 and Case of Díaz Peña v. Venezuela. Preliminary Objection, Merits,
Reparations and Costs. Judgment of June 26, 2012. Series C No. 244, para. 149.
86
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